HomeMy WebLinkAbout2005-13RESOLUTION NO. 2005-13
APPROVE MINOR SUBDIVISION REQUEST MS 852-2004 SUBDIVIDING A
4.02 +/- ACRE PARCEL INTO THREE SINGLE-FAMILY
RESIDENTIAL PARCELS
(APN: 199-130-068 - BLEI)SOE)
WHEREAS, James and Pamela Blesdoe have requested approval of a Minor Subdivision
request to subdivide a 4.02 +/- acre parcel into three single family residential parcels; and
WHEREAS, the subject site is located at 576 Del Amigo Road and is further identified as
Assessor's Parcel Number 199-130-068; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor
Subdivision application prior to the recordation of the parcel map; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
May 10, 2005; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA), Section 15315, Class 15; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Planning Commission
approve the request; and
WHEREAS, the Planning Commission did hear and consider all reports, recommendations,
and testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville approves Minor
Subdivision request MS 852-2004 per the conditions contained herein, and makes the
following findings in support of this action:
The proposed subdivision is in substantial conformance with the goals and policies
of the 2010 General Plan.
The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations.
o
The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because water and sanitary facilities
services will be available to the two new parcels.
The density of the subdivision is physically suitable for the proposed density of
development.
The design of the proposed subdivision and improvements are not likely to cause
substantial environmental damage or subsequently injure fish or wildlife or their
habitat since this development area is limited to open grass field areas on the parcel,
not the heavily vegetated areas.
The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision.
The subdivision will result in new parcels which are consistent with the character of
the neighborhood in that the new parcels will exceed one acre in size (gross),
consistent with the majority of the parcel sizes in the neighborhood.
Development of the proposed subdivision will not result in a change of character in
the subject rural neighborhood in that the parcel sizes are consistent with other
parcels in the area and the homes will be set back from the private portions of Del
Amigo Road and so will not visually add to the density of the neighborhood.
Development of the proposed subdivision will not result in a change of character in
the subject rural neighborhood in that the homes to be developed on the parcels will
be required to be architecturally compatible with the custom homes in the area.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard project
conditions of approval.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the initial final map for the project. Each item is subject to
review and approval by the Planning Division unless otherwise specified.
PAGE 2 OF RESOLUTION NO. 2005-13
A. GENERAL
This approval is for a Minor Subdivision application MS 852-2004 allowing
the subdivision of a 4.02 +/- acre parcel into three single family residential
parcels. The site is located at 576 Del Amigo Road. Development shall be
substantially as shown on the Vesting Tentative Parcel Map labeled "MS 852-
2004," as prepared by David B. Hop Engineering, dated received by the
Planning Division on May 2, 2005.
The applicant shall pay any and all Town and other related fees that the
property may be subject to. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured, and shall be
paid prior to issuance of said permit and prior to any Town Council final
approval action. Notice should be taken specifically of the Child Care
Facilities Fee ($670.00), Finish Grading Inspection Fee ($120.00), Storm Water
Pollution Program Fee ($82.00), SCC Regional Fee ($1,884.00), Subdivision
Agreement Deposit & Legal Bond ($15,000.00), Drainage Area 10 ($7,270.00)
Residential Tip Fee ($4,000.00), Tri-Valley Transportation Fee ($3,472.00),
Base Map Revision Fee ($153.00), Excavation Mitigation Fee ($2,140.00), Map
Check Fee ($2,201.00), Park Land In-Lieu Fee ($15,746.00) Improvement Plan
Check Fee (3% of cost estimate), Engineering Inspection Fee (5% of Cost
Estimate) and Grading Permit Fee (TBD).
Prior to the issuance of a building permit, the applicant shall reimburse the
Town for notifying surrounding neighboring residents of the public hearing.
The fee shall be $ 81.00 (54 notices X $0.75 per notice X two notices).
Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District (SRVFPD) and the San Ramon Valley Unified School
District have been, or will be, met to the satisfaction of these respective
agencies.
In the event that subsurface archeological remains are discovered during any
construction or pre-construction activities on the site, all land alteration work
within 100 feet of the find shall be halted, the Town Planning Division
notified, and a professional archeologist, certified by the Society of California
Archeology and/or the Society of Professional Archeology, shall be notified.
Site work in this area shall not occur until the archeologist has had an
opportunity to evaluate the significance of the find and to outline
appropriate mitigation measures, if they are deemed necessary. If prehistoric
PAGE 3 OF RESOLUTION NO. 2005-13
archaeological deposits are discovered during development of the site, local
Native American organizations shall be consulted and involved in making
resource management decisions.
Construction activity shall be restricted to the period between the weekday
hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise
approved in writing by the City Engineer for general construction activity
and the Chief Building Official for building construction activity. Prior to
any construction work on the site, including grading, the applicant shall
install a minimum 3' x 3' sign at the project entry which specifies the
allowable construction work days and hours, and lists the name and contact
person for the overall project manager and all contractors and sub-
contractors working on the job.
The applicant shall provide security fencing, to the satisfaction of the City
Engineer and/or the Chief Building Official, around the site during
construction of the project.
The applicant shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers, which are in good condition, and
to locate stationary noise-generating equipment as far away from existing
residences as feasible.
A watering program which incorporates the use of a dust suppressant, and
which complies with Regulation 2 of the Bay Area Air Quality Management
District shall be established and implemented for all on and off-site
construction activities. Equipment and human resources for watering all
exposed or disturbed soil surfaces shall be supplied on weekends and
holidays as well as workdays. Dust-producing activities shall be
discontinued during high wind periods.
10.
All physical improvements shall be in place prior to occupancy of any
structure in the project. If occupancy within the project is requested to occur
in phases, all physical improvements shall be required to be in place prior to
occupancy except for items specifically excluded in a construction-phases
occupancy plan approved by the Planning Division. No structure shall be
occupied until construction activity in the adjoining area is complete and the
area is safe, accessible, provided with all reasonably expected services and
amenities, and appropriately separated from remaining additional
construction activity.
PAGE 4 OF RESOLUTION NO. 2005-13
* 11.
As part of the initial submittal for the final map, the applicant shall submit a
written Compliance Report detailing how the conditions of approval for this
project have been complied with. This report shall list each condition of
approval followed by a description of what the applicant has provided as
evidence of compliance with that condition. The applicant must sign the
report. The report is subject to review and approval by the City Engineer
and/or Chief of Planning and/or Chief Building Official, and may be
rejected by the Town if it is not comprehensive with respect to the applicable
conditions of approval.
B. SITE PLANNING
* 1.
All lighting shall be installed in such a manner that lighting is generally
down directed and glare is directed away from surrounding properties and
rights-of-way.
o
The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, such transformers shall not be located
between any street and the front of a building.
o
Any on-site wells and septic systems shall be destroyed in accordance with
Contra Costa County Health Services Department - Environmental Health
Division regulations. Environmental Health Division permit and inspections
for this work shall be obtained. Private wells may be retained for irrigation
only purposes with approval by the Contra Costa County Environmental
Health Division.
C. LANDSCAPING
As part of the future Development Plan application for the development or
of Parcel B and C, each Parcel in the subdivision, landscape and irrigation
plans (with planting shown at 1"=20' scale) shall be submitted for review
and approval by the Planning Division and Design Review Board. The plan
shall include common names of all plant materials and shall indicate the size
that various plant materials will achieve within a five-year period of time.
This approval authorizes the removal of three oak trees on the site which
must be removed to accommodate the construction of the new private
driveway and hammerhead. All other trees on the site shall be retained at
this time. Any additional tree removals shall be subject to review and
PAGE 5 OF RESOLUTION NO. 2005-13
Do
approval by the Town as part of the individual Development Plan
applications for the development of the parcels within this subdivision.
o
If site construction activity occurs in the direct vicinity of the on-site and off-
site protected trees, a security deposit in the amount of the assessed value of
the tree(s) (calculated pursuant to the Town's Tree Protection Ordinance)
shall be posted with the Town prior to the issuance of a grading permit or
building permit to maximize the probability that the affected trees will be
retained in good health. The applicant shall be required to secure an
appraisal of the condition and value of all affected trees. The appraisal shall
be done in accordance with the then current addition of the "Guide for
Establishing Values of Tree and Other Plants," by the Council of Tree and
Landscape Appraisers under the auspices of the International Society of
Arboriculture. The appraisal shall be performed by a Certified Arborist, and
shall be subject to review and approval by the Chief of Planning. A tree
preservation agreement shall be prepared that outlines the intended and-
allowed use of funds posted as a tree preservation security deposit. That
portion of the security deposit still held by the Town two full growing
seasons after project completion shall be returned upon verification that the
trees covered by the deposit are as healthy as can be provided for under the
terms of the tree preservation agreement.
As part of the review of individual Development Plan applications for the
development of future homes on the lots within this subdivision, the
applicant shall prepare detailed arborist reports detailing the type, size,
health, and recommendations regarding the retention or removal of all
Town-protected trees on the parcels. For trees to be retained, recommended
mitigation measures to maximize the long term health of the trees shall be
included.
ARCHITECTURE
Future development of homes to be built on Parcels B and C, and any future
development to the home on Parcel A shall be subject to review and approval
of individual Development Plan applications for each parcel. The
Development Plan application shall be subject to review by the Planning
Division and the Design Review Board (DRB). The Montair Homeowners
Association and the property owners that directly abut the parcel being
developed shall be notified of the DRB meeting.
PAGE 6 OF RESOLUTION NO. 2005-13
The maximum height of the proposed residences on Parcel B and C shall not
exceed 28 feet in height. Future development to the home on Parcel A shall
also be limited to the 28 foot height limit.
E. GRADING
* 1.
Any grading on adjacent properties will require prior written apprOval of
those property owners affected.
At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the exterior
boundary of the project site, to the homeowner associations of nearby
residential projects and to the Town of Danville Development Services
Department, a notice that construction work will commence. The notice shall
include a list of contact persons with name, title, phone number and area of
responsibility. The person responsible for maintaining the list shall be
included. The list shall be kept current at all times and shall consist of
persons with authority to initiate corrective action in their area of
responsibility. The names of individuals responsible for dust, noise and litter
control shall be expressly identified in the notice.
Development shall be completed in compliance with a detailed soils report
and the construction grading plans prepared for this project. The engineering
recommendations outlined in the project specific soils report shall be
incorporated into the design of this project. The report shall include specific
recommendations for foundation design of the proposed buildings and shall
be subject to review and approval by the Town's Engineering and Planning
Divisions.
Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall
be submitted for review and approval by the City Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of the
site from settlement and seismic activity.
All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting construction
primarily to the dry months of the year (May through October). If
construction does occur during the rainy season, the developer shall submit
an Erosion Control Plan to the City Engineer for review and approval. This
PAGE 7 OF RESOLUTION NO. 2005-13
plan shall incorporate erosion control devices such as, the use of sediment
traps, silt fencing, pad berming and other techniques to minimize erosion.
All new development shall be consistent with modern design for resistance
to seismic forces. All new development shall be in accordance with the
Uniform Building Code and Town of Danville Ordinances.
All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
o
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/or treatment of any
contaminated soil shall meet all federal state and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials.
Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
10.
All grading activity shall address National Pollutant Discharge Elimination
system (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall
be addressed through the Erosion Control Plan (ECP) and Storm Water
Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the
Erosion Control Plan and project improvement plans. These documents shall
also be kept on-site while the project is under construction. A NPDES
construction permit may be required, as determined by the City Engineer.
11. The Vesting Tentative Map should be revised to reflect the following:
The applicant needs to supply a copy of access easement, 3241 OR 63. The
existing access easement appears to provide for ingress and egress only. The
applicant will be required to provide documentation showing that public
water can be provided up to the subdivision boundary prior to approval of
the Final Parcel Map.
PAGE 8 OF RESOLUTION NO. 2005-13
The existing sanitary sewer easement as note on the VTM (04-0337724) does
not agree with the recorded documentation. The final parcel map must
reflect the correct alignment.
Location of all water wells, septic tanks and leach fields must be reflected on
the all final construction plan sets. The applicant will be required to process
all necessary regulatory permits with the Contra Costa County Department
of Health Services. The closure of these facilities will be subject to separate
Department of Health permits.
The fire department will need to address the requirement of grooved
concrete for private road gradients exceeding 15%. The district may not
grandfather the portions of the existing private road which will serve more
than one parcel.
· Address the remaining red line comments on the VTPM.
12.
met:
Prior to approval of the Final Parcel Map the following conditions must be
The private road improvements will require the preparation of an
improvement plan set prepared by a Civil Engineer currently registered to
practice in the State of California.
A private storm drain system is proposed. All private drainage systems
should be contained within a private storm drain easement reflected on the
VTPM when the facility falls outside the limits of the shared private
driveway. A comprehensive hydrology/hydraulic report will be required to
accompany the final parcel map. The hydrology/hydraulic report must
address the adequacy of downstream drainage improvements. Onsite
detention may be required to mitigate incremental storm water runoff.
Submittal of a final parcel map for plan check must be accompanied with a
current Preliminary Title Report prepared within six (6) months of the initial
submittal date. The parcel map package must be accompanied with all
required offsite utility easements and private roadway widening easements.
The final parcel map will not be scheduled for Town Council approval until
all offsite utility and easements have been executed by the appropriate
parties and are ready for recordation.
PAGE 9 OF RESOLUTION NO. 2005-13
A final soils report addressing recommendations for proposed private road
improvements, slope stability for slopes adjacent to creek elements and
private lot 'grading will be required for each proposed building site at time of
building permit application.
A comprehensive drainage report must accompany the final improvement
plans for the private road and proposed private storm drainage
improvements. The drainage computation must comply with Town of
Danville requirements.
Private road maintenance and private utility maintenance agreement, and a
private storm drain/v-ditch maintenance agreement will be required. The
new lots shall be required to participate in any existing private road
maintenance agreements for the offsite private road facilities.
The applicant will be required to obtain all necessary permits for all work to
be conducted within natural drainages. This includes but is not limited to
CDF&G, Army Corp of Engineers, US Fish & Wildlife, RWQCB,
CCCFC&WCD etc.
· Grading permits will be required to be processed for the proposed structures
on Parcels "B" and "C".
All necessary offsite grading and utility extensions will require written
permission for all affected property owners prior approval of the final parcel
map.
STREETS
The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any public
right-of-way or easement.
o
All mud or dirt carried off the construction site onto adjacent streets shall be
swept each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
o
Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This shall
PAGE 10 OF RESOLUTION NO. 2005-13
include slurry seal, overlay or street reconstruction if deemed warranted by
the City Engineer.
Public streets shall be improved to the standards in #G.5. above. Private
streets shall be improved to public street structural standards. Private street
improvements, and their dimensions, shall be as shown on the project plans
identified in #A.1. above and shall conform to Standard Plan 104 a & b.
A satisfactory private road and private storm drain maintenance agreement
shall be submitted for approval of the City Attorney prior to any Town
Council final approval action.
G. INFRASTRUCTURE
* 1.
Domestic water supply shall be from an existing public water system. Water
supply service shall be from the East Bay Municipal Utility District water
system in accordance with the requirements of District.
All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
o
Drainage facilities and easements shall be provided to the satisfaction of the
City Engineer and/or the Chief Engineer of the Contra Costa County Flood
Control & Water Conservation District.
All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
method through the project to an approved storm drainage facility, as
determined by the City Engineer. Development which proposes to contribute
additional water to existing drainage systems shall be required to complete a
hydraulic study and make improvements to the system as required to handle
the expected ultimate peak water flow and to stabilize erosive banks that
could be impacted by additional storm water flow.
Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
PAGE 11 OF RESOLUTION NO. 2005-13
If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
o
The applicant shall furnish proof to the City Engineer of the acquisition of all
necessary rights of entry, permits and/or easements for the construction of
off-site temporary or permanent road and drainage improvements.
Electrical, gas, telephone, and cable TV services, shall be provided
underground in accordance with the Town policies and existing ordinances.
All utilities shall be located and provided within public utility easements,
sited to meet utility company standards, or in public streets.
10.
All new utilities required to serve the development shall be installed
underground.
* 11.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
H. MISCELLANEOUS
* 1.
The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by staff. Any other change will
require Planning Commission approval through the Development Plan
review process.
The location, design and number of gang mailbox structures 'serving the
project shall be subject to review and approval by the Design Review Board
and the local Postmaster.
As a part of the issuance of a demolition permit and/or building permit for
the project, the developer shall submit a recycling plan for building and
construction materials and the disposition of green waste generated from
land clearing on the site. Prior to obtaining framing inspection approval for
the project, the applicant/owner shall provide the Planning Division with
written documentation (e.g. receipts or records) indicating that waste
materials created from the demolition of existing buildings and the
construction of new buildings were/are being recycled according to their
recycling plan, or in an equivalent manner.
PAGE 12 OF RESOLUTION NO. 2005-13
The proposed project shall conform to the Town's Stormwater Management
and Discharge Control Ordinance (Ord. No. 94-19) and all applicable
construction and post-construction Best Management Practices (BMPs) for
the site. For example, construction BMPs may include, but are not limited to:
the storage and handling of construction materials, street cleaning, proper
disposal of wastes and debris, painting, concrete operations, dewatering
operations, pavement operations, vehicle/equipment cleaning, maintenance
and fueling and stabilization of construction entrances. Training of
contractors on BMPs for construction activities is a requirement of this
permit. At the discretion of the City Engineer, a Storm Water Pollution
Prevention Plan (SWPPP) may be required for projects under five acres.
* 5.
Prior to commencement of any site work that will result in a land disturbance
of one (1) acre or more in area, the applicant/owner shall submit evidence to
the Town that the requirements for obtaining a State General Construction
Permit have been met. Such evidence may be the copy of the Notice of Intent
(NOI) sent to the State Water Resources Control Board. Additionally, the
applicant/owner shall submit evidence that the requirements for obtaining
the U.S. Army Corps of Engineers 404 Permit, the State Water Resources
Control Board's 401 Certification, and the California Department of Fish and
Game's Streambank Alteration Agreement have been or will be met. Such
evidence may be a copy of the permit(s)/agreement and/or a letter from the
applicant/owner stating the above permit(s)is not required for the subject
project.
APPROVED by the Danville Planning Commission at a regular meeting on May 10, 2005,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Combs, Morgan, Storer, Osborn, Nichols, Condie and Graham
Moran
APPROVED AS TO FORM:
City Attorney
PAGE 13 OF RESOLUTION NO. 2005-13